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<br />56 <br /> <br />56 <br /> <br />to the formation of a co~nission of this character, which may be composed of re- <br /> <br />presentatives from the various States that are interested in the development of <br /> <br />this project, a commission that "Till have the time and the knoHledge and the ex- <br /> <br />periencl'" to w)rk; ,out and, develop a plnn ~hat will undoubtedly be successful 1'lnd <br />will be approved by the Congress. <br /> <br />. <br /> <br />"I do not,,1mow. a;t ;th", PTesent time under Hhat particuhr ,authority this pro- <br />ject will be finally con~leted, I assume that that is a matter which the Qom- <br /> <br />. <br /> <br />mission Hill take up among other things for consideration, <br /> <br />"There is a doubt, possibly, as to whether or not it might be constructod and <br /> <br />operated under the" Federal, H1'lt.er. P~Mer Commission Act, It might be contended <br />. . . . . . . , <br /> <br />that it ,/as the. purpose; of Congress in creating that Commis,sion to simply super- <br /> <br />vise the building of a project, or if built by the Government; to supervise its <br /> <br />operation by. other persons in the Govorrunent, In other words, the question <br /> <br />,arises as to ,Hhether or not the Water Power Commission is authorized by Congress <br /> <br />to operate as a Government enterprioe such a project, There is still another <br /> <br />question affecting that Hat\3r Power Act, and that is this: That in dElaling Hith <br /> <br />. <br /> <br />navigable streams it appears from the construction of the Act that Congress in- <br /> <br />. <br /> <br />tended tha~ the project should not be constructed unless there Has a prior find- <br /> <br />ingby'the Federal WaterPoHer Commission to the effect that the proposed project <br /> <br />would aid ni:tvigation, The "Ihole Act Has based upon the theory of the Constitu- <br /> <br />tionalauthority of Congress to facilitate interstate and foreign commerce, I <br /> <br /> <br />believe that the Colorado River has been defined as a navigable stream. ,As to <br /> <br />whether or not the, Hater Power Commission could make the necessary finding under <br /> <br />the Act that this work Hould benefit navigation on that stream to facilitate <br /> <br />. <br /> <br />commerce, I do not know, <br /> <br />. <br /> <br />"There is another Act, and that is the Reclamation Act, under which in my <br /> <br />opinion this project could be constructed. <br />